Most often, we see Disorderly Conduct cases in Greeley, Fort Lupton, Grover, Evans, Miliken, and Windsor charged when someone is fighting another in a public place, or making unreasonably loud noises in public, or near a private residence that the person has no right to occupy.
Disorderly Conduct Definition
The Colorado law definition of Disorderly Conduct - C.R.S. 18-9-106 - is:
(a) Makes a coarse and obviously offensive utterance, gesture, or display in a public place and the utterance, gesture, or display tends to incite an immediate breach of the peace; or
(c) Makes unreasonable noise in a public place or near a private residence that he has no right to occupy; or
(d) Fights with another in a public place except in an amateur or professional contest of athletic skill; or
(e) Not being a peace officer, discharges a firearm in a public place except when engaged in lawful target practice or hunting or the ritual discharge of blank ammunition cartridges as an attendee at a funeral for a deceased person who was a veteran of the armed forces of the United States; or
(f) Not being a peace officer, displays a deadly weapon, displays any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon, or represents verbally or otherwise that he or she is armed with a deadly weapon in a public place in a manner calculated to alarm.
Disorderly Conduct and Discharging Firearms
The statute goes on to provide that this crime can be committed when someone who is not a peace officer, involved in a type of lawful target practice or hunting, discharges a firearm in public. Also, someone will be charged with Disorderly Conduct if they show a deadly weapon or brandish another type of device that could be considered a deadly weapon, or declares, either verbally or with their actions that they are in possession of a deadly weapon, and does so to cause alarm.
What is the Sentence for Disorderly Conduct?
Disorderly Conduct can be charged as a petty offense, a class 2 misdemeanor, or a class 3 misdemeanor:
- Petty Offense Disorderly Conduct is charged for making a course or offensive gesture or making unreasonable noise (parts a and c of the definition above).
- Class 2 misdemeanor Disorderly Conduct is charged for discharging a firearm or displaying a deadly weapon (parts e and f of the definition above).
- Class 3 misdemeanor Disorderly Conduct is charged for fighting with someone in a public place (part d of the definition above).
The police in Greeley, Keenesburg, Evans, and Grover, might add the more severe felony charges of Menacing (CRS 18-3-206) or Illegal Discharge of a Firearm (CRS 18-12-107.5) in addition if the offense involved a firearm or deadly weapon. Prosecutors include extra charges to intimidate someone into taking a plea bargain. Having an experienced attorney at your side to defeat exaggerated charges is essential.